2020 (12) TMI 989

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....der Section 144 of the Income Tax Act, 1961. 2. Heard Mr.K.Soundararajan, learned counsel for the petitioner and Mr.N.Dilip Kumar, learned Standing counsel for the respondent. 3. The petitioner has challenged the impugned assessment order on the following grounds:- (a). The respondent has violated the principles of natural justice by not affording sufficient opportunity to the petitioner while passing the impugned re-assessment order. (b). No personal hearing was granted to the petitioner as stipulated under Section 144 of the Income Tax Act, 1961. (c). The respondent has failed to take note of the fact that on receipt of the notice dated 02.03.2017 from the respondent, the petitioner has opted to take the b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ated the grounds raised in this Writ Petition. 5. In the counter affidavit filed by the respondent, they have stated as follows:- (a). The petitioner has admitted the cash deposit of a sum of Rs. 82,29,000/- made during the specified period (i.e., 09.11.2016 to 31.12.2016) under the Pradhan Mantri Garib Kalyan Yojana Scheme 2016, dated 31.12.2016 and paid taxes thereof. (b). However, as per the details available with the Department, the total cash deposit made by the petitioner during the period from 01.04.2016 to 31.03.2017, is for a sum of Rs. 1,20,34,000/-, for which, no explanation has been offered by the petitioner. (c). The details of claims of declaration made under the Pradhan Mantri Garib Kalyan Yojana....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r Instruction No.8 of 2017, dated 29.09.2017, issued under Section 119 of the Income Tax Act, 1961. 6. The learned Standing counsel for the respondent in his arguments has reiterated the contents of the counter affidavit filed by the respondent before this Court. 7. Admittedly, as seen from the impugned assessment order passed under Section 144 of the Income Tax Act, 1961, the petitioner has not participated in the said proceedings and the order is in the nature of ex parte assessment order. The grounds raised by the petitioner, namely, the cash amount of a sum of Rs. 82,29,000/- deposited under the Pradhan Mantri Garib Kalyan Yojana Scheme, 2016, on 31.03.2017 has not been taken into consideration under the impugned assessment order.....